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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 159
Liability of vehicle owner for parking offences
(1) In this section--
"owner" of a vehicle includes the responsible person for the vehicle within
the meaning of the Road Transport Act 2013 .
"parking offence" means the offence committed by a person who, in
contravention of the regulations made under this Act-- (a) moors or parks a
vehicle, or
(b) causes or permits a vehicle to be moored or parked or to
stand or wait.
(2) Where a parking offence occurs, the person who, at the
time of the occurrence of the offence, is the owner of the vehicle to which
the offence relates is, by virtue of this section, guilty of an offence under
the regulation relating to the parking offence in all respects as if the owner
were the actual offender guilty of the parking offence unless-- (a) in any
case where the parking offence is dealt with under section 192, the owner
satisfies the prescribed person referred to in that section that the vehicle
was, at the relevant time, a stolen vehicle or a vehicle illegally taken or
used, or
(b) in any other case, the court is satisfied that the vehicle was,
at the relevant time, a stolen vehicle or a vehicle illegally taken or used.
(3) Nothing in this section affects the liability of an actual offender in
respect of a parking offence but, where a penalty has been imposed on, or
recovered from, any person in relation to any parking offence, no further
penalty shall be imposed on or recovered from any other person in relation
thereto.
(4) Notwithstanding anything in subsection (2) or (3), no owner of a
vehicle is, by virtue of this section, guilty of an offence if-- (a) in any
case where the offence is dealt with under section 192, the owner-- (i) within
21 days after service on the owner of a notice under that section in respect
of the offence, gives a prescribed person referred to in that section an
approved nomination notice containing the name and address of the person who
was in charge of the vehicle at all relevant times relating to the
parking offence concerned, or
(ii) satisfies the prescribed person so
referred to that the owner does not know, and cannot with reasonable diligence
ascertain, that name and address, or
(b) in any other case, the owner-- (i)
within 21 days after service on the owner of a court attendance notice for the
offence, gives the informant an approved nomination notice containing the name
and address of the person who was in charge of the vehicle at all relevant
times relating to the offence, or
(ii) satisfies the court that the owner did
not know and could not with reasonable diligence have ascertained that name
and address.
(4A) Despite any other provision of this Act, an
approved nomination notice may be provided by a person served with a notice
under section 192 within 90 days of the notice being served on the person if
the approved nomination notice is provided in the circumstances specified in
section 23AA or 23AB of the Fines Act 1996 .
(4B) If the owner of a vehicle
supplies an approved nomination notice to a prescribed person or an informant
for the purposes of this section, a prescribed person or informant may, by
written notice served on the owner, require the owner to supply a statutory
declaration for use in court proceedings that verifies the nomination
contained in the approved nomination document.
(5) An
approved nomination notice or a statutory declaration that relates to more
than one parking offence is taken not to be an approved nomination notice or a
statutory declaration supplying a name and address for the purposes of
subsection (4) or (4B).
(6) Where a statutory declaration supplying the name
and address of a person for the purposes of subsection (4B) is produced in any
proceedings against that person in respect of the parking offence to which the
statutory declaration relates, the statutory declaration is prima facie
evidence that that person was, at all relevant times relating to that
parking offence, in charge of the vehicle to which the parking offence
relates.
(7) The provisions of this section shall be construed as
supplementing, and not as derogating from, any other provision of this Act or
the regulations or any other Act or regulation, by-law or ordinance under any
other Act.
(8) In this section--
"approved nomination notice" has the same meaning as in section 38 of the
Fines Act 1996 .
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